Sidebar: proficiency test evidence

📄 Sidebar: proficiency test evidence — Tuesday, May 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\23\SIDEBAR-PROFICIENCY-TEST-EVIDE.DOC

TRIAL

▲ Day 80 of 167

◀ Cross-examination of Renee Montgomery (part 2) Cross-examination of Renee Montgomery (part 3) ▶

Date: Tuesday, May 23, 1995 • Lines: 6

Defense attorney Blasier sought to question Yamauchi about a specific proficiency test where an unexpected allele appeared in the results. Prosecutor Harmon objected under Evidence Code 352, arguing that allowing examination of every proficiency test without a specific offer of proof would consume excessive court time. Ito overruled the objection after Blasier limited his inquiry to a single test.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

We're over at sidebar. Mr. Harmon.

# 3 MR. HARMON:

This is kind of where we're going to go with Mr. Yamauchi too. These proficiency tests, I think there's a 352 problem. I don't know if there's an offer of proof or if he just wants to go over the whole proficiency test. I understand from the Defense consultants the spin they want to put on these things, but they're either right or they're wrong, and I just wanted to alert you that we're going to spend an inordinate amount of time over the next two weeks if you allow them to go into every proficiency test without a specific offer of proof. I'm saying it's irrelevant I guess is the legal objection.

# 4 MR. BLASIER:

I'm just going into one. The reason it's relevant is because they didn't get the right results. There's an allele there that's not supposed to be there. They're stating the result they got is right. In my view, it's misleading. This shows that, and that's the only one I'm going to cover.

# 5 THE COURT:

All right. Objection overruled.

# 6 (The following proceedings were held in open court:)

Temperature

procedural

Key Quotes (2)

Rockne Harmon

we're going to spend an inordinate amount of time over the next two weeks if you allow them to go into every proficiency test without a specific offer of proof

Expresses Harmon's relevance objection and concern that examining every proficiency test without a specific offer of proof would consume excessive time.

Robert Blasier

There's an allele there that's not supposed to be there. They're stating the result they got is right. In my view, it's misleading.

States the defense theory that the proficiency-test result was incorrect and was presented misleadingly.

Evidence (1)

Informal

Proficiency test result containing an allele that was not supposed to be there

discussed, admissibility contested

Notable Exchanges (1)

Rockne Harmon•Robert Blasier

Harmon tried to preemptively block broad proficiency test examination; Blasier narrowed his scope to one specific test with a rogue allele, which satisfied the court

strategic

Credibility Attacks (1)

⚔ Collin Yamauchi

proficiency test failure

Blasier argued that one proficiency test produced a wrong result, with an allele that was not supposed to be there, and that stating the result was right was misleading

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 6161 • 6 lines

Criminal Trial

Department 103